Residents' protest pulls plug on mobile phone tower

A group of community activists in Sydney's south have succeeded in forcing the mobile phone company Hutchison to take down a phone tower in parkland near a school.

Hutchison must remove the tower within 10 days after the Court of Appeal overturned a Land and Environment Court decision allowing it.

It is believed to be the first time a phone company has been forced to remove a mobile antenna after community protest.

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Hurstville's Mayor, Vince Badalati, described it as a "victory for the whole community". The Oatley Park Defenders protest group said it was "absolutely thrilled".

A spokesman for the group, Anne Wagstaff, vowed to continue fighting for changes to laws that allowed telecommunications companies to "go in and seize land" and install facilities without development approval.

"We want to expose the inadequacy of the Australian Communications Authority, which is supposed to be the regulator," she said.

Last November, Hutchison gave notice to Hurstville council that it wanted to replace a council-owned light pole in Oatley Park, 50 metres from Oatley Park West Primary School, with a Hutchison-owned high technology pole that would house a mobile phone antenna.

Under the federal Telecommunications Act, a phone company can install equipment on existing poles, without council approval, if the installation is deemed to have low visual impact.

Hurstville council opposed the proposal, arguing that it was not an appropriate position for a telecommunications facility and that the new pole was too high. In late January, the council further frustrated Hutchison's efforts by removing its own light pole.

A month later police had to remove two protesters blocking earthmoving equipment as Hutchison tried to install its pole.

It was eventually installed and a council injunction against it overturned by the Land and Environment court.

A spokesman for Hutchison said it was "disappointed and perplexed" by the judgement and was considering seeking leave to appeal to the High Court.